Litigation Strategies

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Five Biggest Surprises In Arbitration Law (Blogiversary Listicle #1)

Do you hear the corks popping, friends??  You should, because the imaginary champagne was just opened and the balloons have been released to the far corners of the internets in honor of ArbitrationNation’s FIFTH ANNIVERSARY! ...more

The A++ Forms and Resources–Defending Depositions, Prepping Your Witness, Practical Tips and Key Errors to Avoid

Editor’s Note: Ok, we know, this is waaaay to long for a blog post. But this is just too good not to share! In our continuing effort to avoid re-inventing the wheel, getting the easy stuff down to checklists, and helping...more

Seen on the Screen

This is one of those stories you simply cannot make up. We were using technology to get some ideas about technology. That is, we were surfing around the internet to find descriptions of the successful use of technology...more

Internal Investigations: The Impact of the Yates Memo, the FCPA Unit Pilot Program and Recent Legal Decisions [Video]

Following recent regulatory announcements and legal decisions, internal investigations are becoming increasingly more complicated to navigate. Join Sutherland for a moderated roundtable where our experienced practitioners...more

Location, Location, Location – A Brief Overview of Personal Jurisdiction, Forum Selection Clauses, and Why They Matter

Where a case is heard can make a critical difference to a company that is being sued. Will the company have the “home court” advantage and a jury that will know the company’s business, that the company employs people in the...more

Winning Commercial Litigation: Terms and Conditions, Strategy and Execution

Commercial litigation is an inevitable part of the business world. Companies make efforts to prevent and avoid disputes. . .however, when such disputes are unavoidable, companies seek to eliminate, or at least minimize, loss...more

Formatting Your Filings: The Importance of Layout and Typography in Pleadings

Take a look at your caption page. There’s more to it than meets the eye. When formatting your filings—the caption page especially—it can never hurt to think about the aesthetics. While court rules are strict about...more

Be Wary About A Trial Court's Assurances of Preservation

Imagine a trial judge is trying to move things along at a charge conference. An issue arises, trial counsel begins to voice objections, and the judge short-circuits the discussion by saying, “Your rights are saved on the...more

Going the Extra Mile(s)

Have you ever had one of those days when you just knew that things wouldn’t go as planned? You just knew when you woke up that morning that the universe wasn’t properly aligned? Dallas to Houston is a long last minute...more

Advancing New Claims Under the Lanham Act

Implementing unique litigation tactics, on June 15, 2016, Foley & Larder LLP filed a complaint under Section 337 of the Tariff Act at the International Trade Commission (“ITC”) on behalf of Par Pharmaceutical and related...more

Dealing With Trade Secret Thieves: Strategies for Cost-Effective Settlement

Trade secret thieves are almost always an employee or business associate. They are known, generally held the trust of the business, and are perceived as traitors. The urge for retribution against such trade secret thieves can...more

Should You Appeal?

The trial is over. Things did not go as had been hoped, and an adverse judgment has been entered. An appeal is a given, right? Not necessarily. Although in most civil cases, there is an automatic right to an appeal from...more

My First Trial: Lessons I Learned in a Pelican Bay Prison Case

I was 16 years old when, like much of the nation, I became transfixed by the O.J. Simpson criminal trial. I knew then I wanted to be a lawyer. Fast forward 20 years to a federal courtroom in San Francisco where I represented...more

Selecting a Neutral at Case Inception

Every attorney who works as a litigator knows that litigation is a stressful and often frustrating exercise. Experienced litigators strive to provide the best representation for their clients while attempting to find ways to...more

Pre-Claim Construction 101 Motions: Tips For Both Sides

Since the U.S. Supreme Court issued its decision in Alice Corp. Pty. v. CLS Bank Int’l on June 19, 2014, there have been a surge of motions filed and granted that have invalidated patent claims for claiming patent-ineligible...more

You’ve Been Hit With a Large Jury Verdict. Now What?

Excessive jury verdicts are typically challenged through motions for new trial. A new trial may, however, present additional challenges to clients: namely, additional trial expenses, as well as the delayed adjudication of...more

Small Claims: When Litigating Without a Lawyer Makes Sense

Many people and businesses have disputes or suffer damages in the thousands of dollars, which they need to resolve or seek compensation for. The dispute or claim might involve the sale of used furniture or other personal...more

5 Simple Ways Construction Companies Can Reduce E-Discovery Costs

Almost any construction project carries the potential for disputes, which all too often lead to litigation and associated costs. As litigation costs increase, they eat into potential recovery or limit defense strategies....more

Texas Court of Appeals: Parties Cannot Recover Statutory Attorney's Fees from an LLC for Breach of Contract Claims

A recent decision from the Texas Court of Appeals in Houston closes the door to the recovery of attorney's fees from limited liability companies under Chapter 38 of the Texas Civil Practice and Remedies Code, one of the few...more

Yes, Counselor, You Argued That Below, But No, It Is Not Preserved

Don’t assume that just because your argument is clearly reflected somewhere in the record that it is preserved for appeal. Often for purposes of preservation, the procedural context for the argument is just as important as...more

The Case for E-Discovery Education in Law School

The lament that law schools do not adequately prepare new lawyers for the actual practice of law is not a new one. The refrain, however, seems more pronounced as the day-to-day practice of law becomes increasingly...more

Seventh Circuit Refuses To Impose a Heightened Litigation Standard on Debt Collector

In St. John v. Cach, LLC, the U.S. Court of Appeals for the Seventh Circuit recently issued an opinion holding that the Fair Debt Collection Practices Act (FDCPA) does not prohibit debt collectors from filing collection...more

Running Into A Brick Wall Who Wears A Black Robe: Tips For Trying A Case Before A Hostile Judge

For trial lawyers, hostile adversaries are par for the course. But judges are supposed to be irreproachably impartial, right? That is, after all, the very cornerstone of our judicial system. So when you find yourself trying...more

5 Wishes for Securities Litigation Defense: Greater Insurer Involvement in Defense-Counsel Selection and Strategy

One of my “5 Wishes for Securities Litigation Defense” last month was for greater D&O insurer involvement in securities class action defense. This simple step would have extensive benefits for public companies and their...more

Before You Push Play – Important Considerations When Using Videotaped Depositions at Trial

Videotaped depositions can be an effective trial tool. When using video at trial, however, attorneys must remain mindful of the court record. Often, especially for long excerpts, court reporters at trial do not see the need...more

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